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Immigration Daily

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Immigration Daily November 13, 2003
Previous Issues
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Editor's Comments

Recruiting In Labor Certs

A BALCA case today highlights the problem many Employers have with the labor certification process. In order to cure a recruitment defect identified in the Notice of Findings, the Employer attempted to contact the applicants two years after the recruitment had been completed. Such a belated attempt cannot possibly be considered "recruiting" within the meaning of the labor certification regulations. The labor cert process as it exists today is so lengthy and so convoluted that Employers treat the recruiting component as a sham. Perhaps, through PERM, DOL will revise its regulations to bring common sense and timeliness back to the labor cert process.


Challenges In Family Immigration

In terms of numbers of attorneys involved in immigration, family-based practice is definitely the largest contingent of the bar. In terms of numbers of immigrants involved, family-based immigration practice clearly touches more people than any other category of immigration. Post-IIRIRA and post-9/11, increased numbers of family-based immigrants have sought legal counsel as formerly easy and straight-forward matters became increasingly complex and needed a lawyer's guidance. The recent emphasis on enforcement has made matters still more hairy. ILW.COM's forthcoming telephonic seminar on family-based immigration issues will discuss current developments in this area of immigration law. The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel. This seminar is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar is offered by phone, so law offices around the country can participate. The deadline to register is Tuesday, November 18th. For more info, including detailed curriculum and speaker bios, see: (Fax version:

Featured Article

Successor In Interest: M&A And Extended Horizon For Multinational Executives/Managers
Pravinchandra Patel writes "One specific issue of great significance that frequently arises in the context of mergers & acquisitions (M&A), and impacts multinational executives or managers in either an EB-1-3 immigrant visa classification or a nonimmigrant L-1A classification."

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Immigration Law News

Failure To Give Former Counsel Notice Of Motion To Reopen Does Not Satisfy Lozada's Requirement
In Reyes v. Ashcroft, No. 02-71640 (9th Cir. Nov. 12, 2003), the court said that Petitioner did not substantially satisfy Lozada's notice requirement because Petitioner did not give his previous counsel notice of the motion to reopen or any opportunity to respond to Petitioner's allegations of ineffective assistance before the Immigration Judge. The court noted that Lozada's affivadit requirement was not arbitrary because it expanded the factual record, discouraged petitioners from filing meritless claims, provided an indication of a Petitioner's testimony, and enhanced the IJ's ability to weed out meritless claims.

Violating Colorado's Reckless Vehicular Assault Statute Is Crime of Violence
In US v. Grajeda-Ramirez, No. 02-10530 (9th Cir. Nov. 12, 2003), the court said that a violation of Colorado's reckless vehicular assault statute was a "crime of violence" under USSG 2L1.2.

Sen. Reid Questions BIA's Summary Affirmance Procedure
During a debate in Congress, Sen. Reid (D-NV) said, "While our Nation's immigration laws must be enforced to the fullest extent, I can't help but wonder why our Government is attacking the very people who help us build up our Nation."

Text Of Legislation To Extend Eligibility To Vietnamese Refugees
We reproduce the introduced legislative text of H.R.2792 to extend eligibility for refugee status of unmarried sons and daughters of certain Vietnamese refugees (courtesy of Phiet Nguyen and Marc Ellis).

Employer's Attempt To Cure Defect By Recontacting Applicants Two Years After Resumes' Receipt Is Clearly Untimely
In the Matter of Carniceria Tres Amigos , No. 2003-INA-85 (BALCA, Sep. 30, 2003), the Board of Alien Labor Certification Appeals said that Employer's attempt to cure his defect by recontacting his applicants nearly two years after Employer's receipt of the applicants' resumes was clearly untimely.

US Careful Not To Raise Expectations On Mexico Immigration Accord reports "A US official on Monday played down the chances the US and Mexico will make much progress on migration issues in talks this week despite Mexico's strong desire for US reforms to protect Mexican immigrants."

Immigration Rules Deter Foreigners From Coming To US
The San Mateo County Times reports "More than two years after the terrorist attacks of Sept. 11, 2001, a thicket of new rules governing the granting of visas to foreigners is dissuading thousands of people from coming to the US and generating protests from research universities, medical institutions, multinational corporations and the travel industry."

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Are you looking to join a fast-paced and friendly team that provides first-rate immigration legal services to global businesses and individuals? Paparelli & Partners LLP, a leading immigration law firm with an established national practice, has immediate openings for a moderately experienced Immigration Lawyer to work at its office in Irvine, California. If you have what it takes, you will work with multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Power Point, etc.), and become immersed in cutting-edge immigration law issues. This job is for you if you are a multi-talented multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record, are admitted to practice law in California or another state and have up to three years of U.S. immigration law experience. If you'd like to pursue this exciting opportunity, fax your resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at For background, see our web site: No phone calls please.

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Letters to the Editor

Dear Editor:
I agree with just about everything Gary Endelman wrote in "Declare Victory And Go Home: The Solution To Illegal Immigration In America," although I would keep the DV lottery (I like the concept of some independent seeds, wild cards so to speak) and I would move up the Registry date. Precisely I would immediately, 1. Remove from section 101(a)(15)(H)(ii)(B) of the INA of the word "temporary." 2. Repeal section 214(g) of the INA relating to numerical limitations on certain nonimmigrant categories. 3. Amendment section 249 of the INA (the "registry" provision originally enacted in 1929, amended a number of times, most recently in 1986 setting the date at 1972) to set a date certain of 15 years for individuals to be able to avail themselves of this provision of the law. (Registry is a good "clean up" provision for those who slip through the cracks.) 4. Repeal of 212(a)(9) INA (which in practical terms applies primarily to citizens of Mexico and was first added to the law in 1996). I'll leave it to Mr. Endelman to outline the long term reform of the Family and Employment Immigrant categories.

Eugene J. Flynn

Dear Editor:
Whether or not you are an immigration restrictionist, or a liberalist, you have to admit that in Immigration Daily's Featured article for 11-12-2003, Gary Endleman is right (except, I believe, for the part about American citizens) when he says, "Legalization now should be accompanied by a renewed emphasis on employment-based immigration and a transfer to this side of the ledger of visas now awarded to diversity lottery winners, adult children of permanent residents and American citizens, and siblings of American citizens. Unless we fundamentally change the legal immigration system, no amnesty can succeed or long endure. So long as employment-based immigration is grudgingly accepted as an afterthought, so long as we have an alien-centered immigration system that looks first to succor the alien and not enrich the nation, any restoration of sanity now will only set the stage for the need to take more drastic remedial action in the future." And Mr. Endleman goes on to say , "IRCA failed because it separated the issue of illegal migration from the American economy as a whole." Right again, regardless of your political polarization. The US simply must face reality. Illegal immigration is a problem, brought on by bad law, just like our forestry problems in the US have been brought on by bad forest management (reference the recent California fires and the bark beetle infestation). What is it going to take to get Congress to wake up? There's the problem, Congress, not illegal immigrants. In the movie "Field of Dreams", the catchword was "Build it and they will come . . ." Well, the US has built it and, and they come any way they can - and who can blame them? Congress has just failed to adequately address the issue. Besides, we need a labor pool, as does every first world country whose education levels have grown to the point where there is a dirth of willing unskilled workers. (Notice I said "willing" - but that is another topic and a Pandora's box I dare not open here, and besides, it has nothing to do with immigration and a lot to do with the decay of the American work ethic, easy welfare, too low a minimum wage, corporate greed, ten-million-a-year-plus corporate executive salaries, golden parachutes and Enron . . . oooo, political footballs for the politically incorrect.) So, what do we do? Change the laws. Yes, easier said than done, especially with an election looming on the forefront and a war waging 10,000 miles from home on the farfront. Can we expect a meaningful change in immigration laws? No. Sorry about that.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In the "Editor's Comments" on 11/12/03 you put forth an interesting hypothesis about the impact that a possible run by Pat Buchanan for the presidency would have on the chances of an amnesty (Yes, I know you call it "legalization") for illegal aliens. In doing so you used the term "anti-immigrationists" and wrote that they're a "miniscule group". If you're referring to people who are "anti" all immigration, I believe you're correct. If you're referring to people who favor drastically reducing immigration, I believe you're incorrect. The polls have been discussed (and cussed) often on ILW.COM and they indicate that a very large majority of citizens (and many immigrants) want a reduction in legal immigration and an end to illegal immigration. Surely you can't be saying that virtually all those polls are wrong?

John H. Frecker
Baileyville, ME

Dear Editor:
I want your form.

Editor's Note: You can download forms related to immigration here. Best of all they're free.

Dear Editor:
President Truman's "Special Message to the Congress on Aid for Refugees and Displaced Persons March 24, 1952," must be understood as a political document in opposition to the pending Immigration and Nationality Act of 1952, a.k.a. McCarran-Walter Act, which Congress would pass over his stinging veto a little over a month later. In early September 1952, just as the presidential election was heating up, Truman established, by executive order, a special Commission on Immigration and Naturalization composed of former federal officials and representatives of VOLAGS. Its report, Whom We Shall Welcome, published as the Truman administration was ending, was never formally considered by Congress. Yet Whom We Shall Welcome did become a liberal icon. The Truman commission's report provided a national agenda, some of which was adopted piecemeal during the Eisenhower administration. It was largely realized in 1965, with a final element accepted in 1980 when Congress recognized the right of asylum.

Roger Daniels, Charles Phelps Taft Professor Emeritus of History
University of Cincinnati

Dear Editor:
Apparently a lawyer representing some of the illegals that were recently dismissed by Walmart has filed a discrimination lawsuit. The result will be the lawyer gets to recover some money damages, the illegals get deported and the big company now has to hire Americans at a fair salary. Well, 2 out of 3 ain't bad.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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